HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8227 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. This is second anticipatory bail application. First anticipatory bail application was dismissed as withdrawn on 2.9.2024. 2. Heard counsel for the applicants as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. This bail application has been filed seeking anticipatory bail in Case Crime No.260 of 2024, under sections 327, 323, 504, 506 I.P.C., P.S. Kotwali, District Lalitpur. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The dispute is purely civil in nature. Civil suit no.47 of 2016 (Samson Kashinath vs. Anand Kashinath and another) and Suit No. 80 of 2024 (Vivek Kashinath vs. Anand Kashinath and others) are pending before the court of competent jurisdiction. Earlier on 19.1.2024 the son of applicant no.1 filed a complaint in the court of Civil Judge (Junior Division)/ Judicial Magistrate numbered as Complaint Case No.447 of 2024 (Vivek Kashinath vs. Anand Kashinath and others). In counter blast to the said proceedings, the instant proceeding has been instituted against the applicants. Further, earlier the applicants preferred a Criminal Misc. Writ Petition No. 11200 of 2024 (Smt. Rajeshwari @ Rajeshwari Kashi Nath and another vs. State of U.P. and 2 others) for quashing the impugned first information report. The court vide order dated 29.7.2024 referred the matter to the mediation centre of this Court for settlement and directed that no coercive action shall be taken in the present case. However, the mediation proceedings failed. Thereafter on 28.7.2025 the writ petition was dismissed for want of prosecution. Investigation is still pending. The applicants have joined the investigation and are cooperating with the investigation. No custodial interrogation is required. The criminal history of the applicants has been explained in para 32 of the bail application. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. Versus Counsel for Applicant(s) : Kumar Vikrant Counsel for Opposite Party(s) : G.A. Samson Kashinath And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and the fact that the dispute is purely civil in nature; civil suit no.47 of 2016 (Samson Kashinath vs. Anand Kashinath and another) and suit No. 80 of 2024 (Vivek Kashinath vs. Anand Kashinath and others) are pending before the court of competent jurisdiction; earlier on 19.1.2024 the son of applicant no.1 filed a complaint in the court of Civil Judge (Junior Division)/ Judicial Magistrate numbered as Complaint Case No.447 of 2024 (Vivek Kashinath vs. Anand Kashinath and others); the applicants earlier preferred a Criminal Misc. Writ Petition No. 11200 of 2024 (Smt. Rajeshwari @ Rajeshwari Kashi Nath and another vs. State of U.P. and 2 others) for quashing the impugned first information report; the court vide order dated 29.7.2024 referred the matter to the mediation centre of this Court for settlement and directed that no coercive action shall be taken against the applicant. The mediation proceedings failed and the writ petition was dismissed for want of prosecution; the fact that the applicants have joined the investigation and are cooperating with the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till conclusion of trial. 7. In the event of arrest, the applicants Samson Kashinath and Smt. Rajeshwari @ Rajeswari Kashinath, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passports, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates NABAIL No. 8227 of 2025 2 fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. October 10, 2025 S.S. NABAIL No. 8227 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad